Trtanj v. The City of Granite City

              1
Rule 23 order filed NO. 5-07-0002
February 15, 2008;
Motion to publish granted IN THE
March 24, 2008.
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
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ALBERT TRTANJ and MARY TRTANJ, ) Appeal from the
for the Use of STATE FARM FIRE AND ) Circuit Court of
CASUALTY COMPANY, ) Madison County.
)
Plaintiffs-Appellants, ))
v. ) No. 02-L-958
)
THE CITY OF GRANITE CITY, ) Honorable
) Daniel J. Stack,
Defendant-Appellee. ) Judge, presiding.
_________________________________________________________________________
PRESIDING JUSTICE STEWART delivered the opinion of the court:
The plaintiffs appeal an order of the circuit court of Madison County granting a
summary judgment in favor of the defendant, the City of Granite City (Granite City). We
affirm in part, reverse in part, and remand for further proceedings.
BACKGROUND
Plaintiffs Albert and Mary Trtanj (the Trtanjs) own a residence on Oaklawn Drive in
Granite City, Illinois. This action was brought by plaintiff State Farm Fire and Casualty
Company (State Farm) against Granite City on behalf of the Trtanjs to recover damages to
the Trtanjs' residence and personal property as a result of sewage backing up into their
basement on July 22, 2001. State Farm paid a portion of the damages suffered by the Trtanjs
and brought this lawsuit pursuant to State Farm's right of subrogation under an insurance
policy issued to the Trtanjs.
The record establishes that Granite City's sewage system is a gravity-fed sewer system
in which the sewage flows by gravity through sewer pipes to a certain depth and, at that